Canadian child to school in Texas during six month visit

My fiance and I are Canadian, we have a ten-year old son. We are all criminal-record free and have valid passports. My fiance is currently working in Texas on a L1 visa - it will expire April 2010. Our son and I just spent six weeks with him in Texas, and loved it. We would like to move (temporarily) to Texas in January, we would be staying about six months. The issue is that we are not sure whether or not we can enrol our son in public school. I am aware that most states do not recognize common-law marriages, however, Texas does. I contacted the customs/border control in both Edmonton and Calgary and was told that because we are not legally married (though engaged), I am unable to stay in Texas on his Visa, as well we are unable to enrol our son in school there (my husband has proof of residence and our son's vaccinations are up-to-date). I explained that I would not be working while there (alothough I would like to), and that our son would only be attending school for the second term (just under six months), at which time we would return to Canada. I was told this did not matter and that if I want in the US, I must marry my fiance prior to - we are to be married in September 2010, in Canada. I am confused as to why a Canadian can VISIT the US without a visa, (provided that they stay less than six months) but I am unable to VISIT my fiance (for less than six months) while having our child enrolled in school?? Both US customs agents that I spoke to were very impatient and rude. They were very rigid in their answers and were unwilling to try and understand our specific situation. What I am wondering is if I should give in and contact an immigration lawyer, (we have no intentions of immigrating) which will be very costly, and I am not sure that it is actually neccessary...So, in short, what I'd like to know is this: can our son and I go down on his Dad's, my fiance's L1 visa, and if so, can my son be enrolled in public school. Would we be able to apply for a stay extension if we so choose to stay longer than the six months? Would there be any chance that I could be permitted to work while down there (I have been a playschool teacher for 5 years, prior to that a hotel manager). I would greatly appreciate any information anyone could provide me as I would really like to avoid speaking to a lawyer if so possible. Perhaps You are a Canadian in a similar situation..?Thanks!

No, you can't work in the USA.

Yes, your son should be able to ride his fathers L1.

To your next problem. GET MARRIED!
We do not see common law as marriage, because it isn't.
Your Boyfriend/girlfriend.

Can you visit for 6 months or more as a visitor? Maybe.
You could possibly be considered cohabitating partners. The best thing to do is call your local port and ask how to qualify as cohabitating partners. Every Port is different.

"Both US customs agents that I spoke to were very impatient and rude. They were very rigid in their answers and were unwilling to try and understand our specific situation."

You don't have a specific situation. Its not unique, unusual or different. Its very common, and very aggrivating for the Officer to explain the Law we enforce, but did not write.

Texas as a state may recognize common-law relationships, but because immigration is a federal law, and the US federal government does not have common-law, you would not qualify for a derivative visa on your boyfriend's L1.

Thanks for the information. I am sorry if I offended you or anyone else with my comments regarding the US Border Officers, this wasn't my intention. I can't begin to imagine the stress and frustration their jobs must entail!

I am aware the my/our situation is neither unique nor unusual, but I figured since Texas does in fact recognize common-law marraiges, that perhaps their laws/regulations may allow for myself/our son to stay on Michaels visa. To this specific question, neither officer would answer directly - it seemed as though they were answering point-form from a generlized manual.

Regarding our marriage status, our wedding is set to take place in September of 2010, in Canada. Too much time, planning and spending has taken place to make changes at this point - not to mention, my fiance's extended family will be visiting Canada in September for the nuptials. If it came to were I would have to choose between re-scheduling the wedding or not staying with Michael, I would (broken heartedly) stay home.

From what I understand, no State will refuse a visiting/non-immigrant child enrollment into a public school, which should make things simple for us...it's just that I want to respect the laws, and follow State/Country regulations, as well as avoid any unnecessary headache while there. So I would like to do whatever is requested/necessary of us, with the exception of having to marry immediatley.

So, my questions now are: regarding cohabitating/common-law/engaged partners, since Texas law differs from that of other States, why couldn't I stay on my fiance's visa? If I were to contact an agent at my port, would I do so at the Edmonton or Dallas TX port?

Again, thank you for your help. Any further information that you could provide would be greatly appreciated.

Just curious, are you an American in Canada??
Thanks!

-- Tue Aug 18, 2009 5:34 pm --

To Reba,

Thank you for the information. That makes sense. I am not sure why such a simple explaination could not have been provided to me through the Customs Officers.
It looks as though perhaps, we will have to stay home for now . I may try and contact an immigration lawyer to see if there is any exceptions/ways around it - we absolutley loved Texas and looked so forward to an extended stay.

Thanks again for you help.

Im an American in America.

Don't get hung up on what Texas has for marriage Laws. It is our Federal Law that counts for coming into the United States. Texas has asolutely NO say on you coming into the country.

I can't speak for the other Officers, but usually when I tell someone that they cannot move/work in the USA and they have to go back to Canada, they argue and usually call me an @sshole. Its made us a little numb. Do what I suggested and call the closest port of entry and inquire about the cohabitating partners. Lawyers and the Border do not mix well. Call before you spend the money.

Laws is right-on about lawyers. They can totally screw you up when dealing with the CBP, definitely not worth spending anything on.

I think what you're referring to is the "No child left behind' law which allows for a student to be admitted without the school being allowed to ask about current immigration status. (or something to that effect, if I remember right, all the student had to declare was that they were indigent for admission, it's been awhile so the details are a little foggy) When I registered my Daughter down south they actually thanked us for having the supporting TD as proof of status as they rarely see it. I would have your child included on his Dad's L-1 visa so he does have status.

I know you have the wedding planned and all, but perhaps you would consider a civil wedding? You could still have the large celebration with all the family and formalities down the road, but with the civil completed you could then move forward with derivative status and start making more concrete plans for school, work, and settling in.

yeah, a quickie marriage at the courthouse now would solve your immigration problems. And there's no reason you can't still have the frilly celebration next year, it just won't be the legal part of it.

To clarify my comment on Lawyers.

I am not bashing Lawyers in any way. I am just stating that you should do the leg work yourself before resorting to hiring a Lawyer. In my experience, people tend to think that if a Lawyer gives them information, CBP will have to accept it. Not true. Lawyers have no say at the Border. There are alot of great Lawyers, but there are also alot that will simply copy a section of Law and then have you present it to the Officer (who already knows the law...insulting) in hopes of entering the USA.

Very true.

While I say lawyers aren't worth it, I also say do your homework. The more knowledgable you are with the process, the more comfortable you'll be in dealing with CBP and USCIS. You cannot count on a lawyer to look out for your best interests, while there are probably good ones out there, others will promise the stars and deliver a poorly prepared petiton or 1-129. Ask (or insist) to review all paperwork prior to submission to USCIS or printing for the POE. Have the lawyer correct any mistakes.

In the end, it's you the beneficiary who'll pay for their errors.

I've never had any luck at all with lawyers for immigration purpsoses. 2 separate US lawyers only served to mess up our paperwork so thouroughly as to delay our processing by over a year. I ended up doing it myself quite easily (much to my husband's chagrin!).

All a lawyer is going to do is take your money. YOU will have to fill out the paperwork and gather up all the accompanying documents to go with it. All the lawyer is going to do is mail it and forget about it. And probably mail it to the wrong processing centre to boot

Save your money for a honeymoon or something. Do it yourself.